Indian Penal Code, 1860, Section 302, 149, Evidence Act, 1872, Section 118 -- Murder - Testimony of sole eye/child witness - Name of accused not mentioned in FIR - Contradictions were found in statement of child witness - Mother of child and wife of deceased has categorically denied to know reason for which deceased was murdered - Motive of crime thus, not proved - Guilt..........
Indian Penal Code, 1860, Section 406, 34, Criminal Procedure Code, 1973, Section 181(4) -- Criminal breach of trust of stridhan properties - Territorial jurisdiction - Dowry articles were delivered and allegedly retained at place `J' - It is Court at place `J' and not at place `G' having jurisdiction - Order taking cognizance and issuing summons by Court at place `G' set..........
Indian Penal Code, 1860, Section 376(2)(g) -- Gang rape - Two accused were acting in furtherance of common intention and their act is gang rape - Medical evidence supported prosecution case - Nothing on record to say that prosecutrix deposed against her dignity to falsely implicate accused - Though there is delay of two days in lodging report, but merely on such delay,..........
Indian Penal Code, 1860, Section 509 -- Offence u/s 509 IPC - Merely insulting a woman is not sufficient - Insult to modesty of a woman by spoken word, gesture or physical act is an essential ingredient of an offence punishable u/s 509 IPC...........
Indian Penal Code, 1860, Section 509 -- Offence u/s 509 IPC - Verbal attack of insulting modesty of a woman is punishable u/s 509 IPC...........
Indian Penal Code, 1860, Section 509, Criminal Procedure Code, 1973, Section 482 -- Offence u/s 509 IPC - Quashing of FIR - Accused allegedly invited victim lady, a stranger to him to accompany him on motorcycle during night time - He also made sexual gesture to victim with middle finger of his hand - Such an act cannot be considered as trivial in nature - Prima facie it..........
Indian Penal Code, 1860, Section 95 -- Trivial offence - An act of affront to decency and dignity of a woman cannot be considered as trivial in nature...........
Prevention of Corruption Act, 1988, Section 19, 13(1)(c), 13(2), Indian Penal Code, 1860, Section 465, 467, 468, 471, 201, 408, 120B -- Sanction for prosecution - Offence u/ss 13(1)(c), 13(2) of PC Act and Ss.465, 467, 468, 471, 201, 408, 120-B IPC - Acts done in discharge of official duty - Can only be decided when evidence is led - At the initial stage it need not to be..........
Indian Penal Code, 1860, Section 302, 34, 201 -- Murder - Circumstantial evidence - Identification of dead body on basis of photographs and apparels of deceased - Dead body was taken out from well, which was completely mutilated and body was beyond identification - Identification of body from photographs not possible - However, from the tag of tailoring shop found on..........
Indian Penal Code, 1860, Section 302, 34, 201, Evidence Act, 1872, Section 27 -- Murder - Circumstantial evidence - Recovery of watch - Confession - Watch in question belonged to PW12 which was with deceased when he left home - Owner of shop/PW4 stated that accused gave a watch for repairing - He was shown receipt given to accused which was seized from custody of accused -..........
